Taking into account these circumstances the Ministry for Regional Development of the Russian Federation suggested to improve the approach to consideration of social and economic issues of regions of the Russian Federation development at the meetings of the Government of the Russian Federation.
Attention should be paid to complex inter-branch approach and securing of interaction of all federal executive bodies and executive bodies of the subjects of the Russian Federation concerned.
In this connection it is suggested to conduct analysis of the situation and develop a complex of additional measures regarding those subjects of the Russian Federation where all-federal goals and tasks to increase population’s standard of life and life quality are not fully realized, as well as to change the approach for selection of the subjects of the Russian Federation, defining the group where low level of all-federal goals fulfillment coincides with low development rates.
At the meeting of the Government of the Russian Federation on 17 April the project of the federal law “On patent attorneys” was discussed.
The goal of the bill is to regulate relationships connected with the receipt of the status of the patent attorney, which is the person who is authorized to conduct the affaires of natural persons and legal entities with a federal executive body concerning intellectual property, by a citizen of the Russian Federation as well as his authorities as to conduction of affaires connected with legal protection of the results of intellectual activity and means for individualization.
The work of patent attorneys is regulated by clause 1247 part 4 of the Civil Code of the Russian Federation. According to paragraph 3 clause 1247 of the Civil Code of the Russian Federation the requirements for a attorney, procedure for his certification and registration as well as his authorities as to conduction of affaires connected with legal protection of the results of intellectual activity and means for individualization are established by the law.
The following citizens will be subject to the law: those willing to acquire the status of patent attorneys of the Russian Federation; those who passed the certification as patent attorneys of the Russian Federation and are willing to be registered as such; those who are registered as patent attorneys of the Russian Federation;
authorities of federal executive bodies on intellectual property, conducting certification of candidates for patent attorneys, registration of those certified and issue of corresponding certificates; authorities of federal executive bodies on intellectual property, implementing control over fulfillment of requirements envisaged by the legislation of the Russian Federation by patent attorneys; persons, whose rights and legal interests are represented by patent attorneys.
The bill was approved and submitted to the State Duma.
Also at the meeting of the Government of the Russian Federation on 17 April the project of the federal law “On ratification of agreement between Russia and Singapore to avoid double taxation and evasion from taxes regarding income taxes” (hereafter referred to as Agreement).
It is well-known that the goal of such agreements is to exempt the legal entities and natural persons of the agreement parties from double taxation for the same kind of income in the country of residence and in the partner country.
Development of the Agreement in Russia was based on the project of standard agreement to avoid double taxation of incomes and property approved by the Government of the Russian Federation on 28 May “On signing intergovernmental agreement to avoid double taxation of incomes and property”, the negotiating parties were also guided by standard models recommended by the Organization for Economic Cooperation and Development (OECD) and the United Nations Organization (UNO).
The following are the main statements of the agreement:
The Agreement applies to income taxes of natural persons and legal entities whose permanent place of residence or dwelling is in the Russian Federation or in the Republic of Singapore.
Incomes (profit) taxation from entrepreneurial activity The Agreement envisages that taxation of incomes (profit) from entrepreneurial activity of the person of one negotiating party is made in another negotiating state if the person operates in that state through the permanent representative in that state. It should be mentioned that when construction and assembly work or supervision activity connected with them is concerned it is established that profit received from this kind of activity will be levied with the tax if the continuation of the work exceeds 6 months.
Taxation of property incomes and property itself Incomes from the use of the property are levied with the tax in the state where this property actually is situated. The exception is made for transport vehicles, which are levied with tax in the country, which resident the enterprise that gets profit from these transport vehicles exploitation is.
The right to collect taxes from the interests paid for different debt liabilities belongs to the state, whose resident the recipient of the income is. At the same time the right to levy the tax in the source-country is stated, but the tax should not exceed 7.5% then. However if the interests are paid to the government of another negotiating state, interests are subject to taxation only in the state, whose resident the recipient is.
Other special features of legal entities’ and natural persons’ taxation are also regulated by the agreement.
As authors of the bill hold, earnings base of the budgets of different levels in the Russian Federation will not shrink, since some reduction of tax burden for Singaporean economic entities and natural persons in the Russian Federation will be compensated with the similar expansion of taxation base in the territory of the Russian Federation levied with taxes for income and profit received by the Russian enterprises in the territory of the Republic of Singapore. The possibility for tax bodies of both countries to exchange information will result in revelation of additional sources of earnings to the corresponding budgets.
The bill was approved and submitted to the State Duma.
Review of Economic Legislation I. Tolmacheva A number of changes in legislation was made in April: changes were made to the list of prizes, exempted from the incomes tax; special formula to calculate payment rates for the use of the results of intellectual activity, the rights for which belong to the Russian Federation, was established; starting from 29 April refinancing rate of the Central Bank of the Russian Federation was increased up to 10.5%; data used for severance tax calculation with regard to oil were prepared for application; the procedure for application of fuel and lubricants consumption norms at motor vehicle transport was set.
I. Decrees of the Government of the Russian Federation 1. “ON MAKING CHANGES TO THE DECREE OF THE GOVERNMENT OF THE RUSSIAN FEDERATION FROM 6 FEBRUARY 2001 No 89”dated 07.04.2008 No 238.
In connection with the changes in the tax legislation, alterations were made to the list of prices exempted from the income tax.
According to amendments made to the Tax Code of the Russian Federation by the Federal law from 30.10.2007 No 239-FZ, not only sums received as international, foreign and Russian prizes for outstanding achievements in the field of science, technology, education, culture, literature and art, but also similar prizes for achievements in the field of mass media, according to the list approved by the Government of the Russian Federation, will be exempted from income tax. The list mentioned includes, for instance, the prize of the Government of the Russian Federation in the field of printed mass media.
II. Letters, Orders, Instructions 1. Order of the Central Bank of the Russian Federation from 28.04.2008 No 1997-U “ON THE REFINANCING INTREST RATE OF THE BANK OF RUSSIA”.
From 29 April 2008 the refinancing interest rate of the bank of Russia is established at the level of 10.per cent of interest per annum.
2. Letter of the Federal Tax Service of the Russian Federation “ON DATA, NECESSARY TO CALCULATE SEVERANCE RATE IN REGARD TO OIL FOR MARCH 2008” dated 16.04.2008, No SchS-603/289@ The data, applied to calculation of the severance tax in regard to oil for March 2008, are prepared for application:
- average level of prices for oil grade Urals – USD 100.141 per barrel;
- average US dollar exchange rate against ruble of the Russian Federation over all the days of the tax period – 23.7614;
- Cp coefficient value (coefficient for tax rate correction)has been increased and is equal to 8. 3. Order of the Ministry of Justice of the Russian Federation “ON THE PROCEDURE OF ESTABLISHMENT OF PAYMENTS LEVIED IN ACCORDANCE WITH THE LICENSED AGREEMENTS SIGNED IN CASE RESULTS OF INTELLECTUAL ACTIVITY OF MILITARY, SPECIAL AND DOUBLE PURPOSES, ARE INVOLVED IN CIVIL TURNOVER, AND ON THEIR MAXIMUM RATES” from 21.03.2008 No 72.
Registered at the Ministry for Justice on 28.03.2008 No 11421.
The rate of payment for the use of the results of intellectual activity, rights for which belonged to the Russian Federation, will be calculated with a special formula.
According to the Procedure approved, the payments are levied on the natural persona and economic entities that signed license agreements with the with the federal state organization “Federal agency for protection of results of intellectual activity of military, special and double purposes” attached to the Ministry of Justice of the Russian Federation. The payments are calculated according to the formula that includes, for instance, the total profit of the license holder, for the benefit of which the license agreement is signed (for example, the contract price), non-production expenditures, data on the share of the state in the rights for the intellectual property. Payments can be submitted by advance payment – before the license holder begins to get profit, by single payment – after receiving of the total profit by the license holder, and by stage-by-stage payments – in proportion to the profit received by the license holder at the corresponding stage. The procedure involves the maximum rates of payments levied in accordance with the license agreements made.
4. Order of the Ministry of Transportation of the Russian Federation “ON IMPLEMENTATION OF METHODICAL GUIDELINES “NORMS FOR FUEL AND LUBRICANTS CONSUMPTION FOR MOTOR VEHICLE TRANSPORT” from 14.03.2008 No АМ-23-r.
The procedure of the application of norms of fuel and lubricants consumption for motor vehicle transport is set.
Methodical guidelines are intended for motor vehicle enterprises, organizations, that are involved in the system of management and control, entrepreneurs and other persons, disregarding the form of ownership, that use motor vehicles technique and special rolling stock on chassis in the territory of the Russian Federation. The Methodical guidelines present the values of basic, transport and exploitation (additions taken into account) norms for fuel consumption of the motor vehicles for general purposes, norms of fuel consumption for motor vehicles for special purposes. They regulate the procedure for these norms application, define formulas and methods for normal fuel consumption during exploitation, give reference data for lubricants consumption and the values of winter additions. Other issues concerning fuels and lubricants consumption at the motor vehicles transport are regulated.
Review of Budgetary Legislation M. Goldin In April 2008 the following events took place in the field of budgetary legislation: the Federal law from 03.04.2008 No 36-FZ “On execution of the federal budget for 2006” was approved, the regulations on depositing of federal budget funds on banking accounts were approved, changes to the Procedure of compiling and running of earnings and expenditures of the budgets and consolidated earnings and expenditures of the federal budget.
Federal law from 03.04.2008 No 36-FZ “On execution of the federal budget for 2006” approves the return on federal budget execution in 2006 by federal budget’s earnings and expenditures.
For instance, by earnings execution of the federal budget is established at the sum of RUR 6 278 405.4 thousand, by expenditures – at the sum of RUR 4 284 803 300.2 thousand, earnings exceeding expenditures (federal budget profit) at the sum of RUR 1 994 085 105.2 thousand. The addenda to the document contain data on federal budget’s earnings for 2006, on distribution of federal budget’s expenditures by sections, subsections of the functional classification of Russian Federations budgets; by departmental structure of budget expenditures in 2006; by distribution of federal budget’s expenditures by sections, subsections, target clauses and kinds of expenditures of the functional classification of Russian Federations budgets; as well as by kinds of financing federal budget deficit in 2006.
The Decree of the Government of the Russian Federation from 29.03.2008 No 227 “On the procedure of placement of federal budget funds on banking deposits” establishes the regulations for placement of federal budget funds on banking deposits. According to the general rule of clause 236 of the Budget Code of the Russian Federation placement of federal budget funds on banking deposits is not permitted. At the same time according to paragraph 2 of the same article this prohibition does not apply to the subjects of the subjects of the Russian Federation that do not get subsidies from the Federal fund of financial support of the subjects of the Russian Federation to equalize the level of budgetary provision of the budgets of subjects of the Russian Federation.
By 1 January 2008 the regulation according to which the procedure for placement of federal budget funds on banking deposits was defined by the government bodies of the subject of the Russian Federation in concordance with the legislation. However starting from 1 January 2008 the approval of such procedures belongs simultaneously to the competence of the Government of the Russian Federation and supreme government executive bodies of subjects of the Russian Federation in concordance with the legislation of the Russian Federation. There is one vague point as a consequence – which issues can be regulated by regional regulating legal acts on the procedure of placement of federal budget funds on banking deposits.
Материалы этого сайта размещены для ознакомления, все права принадлежат их авторам.
Если Вы не согласны с тем, что Ваш материал размещён на этом сайте, пожалуйста, напишите нам, мы в течении 1-2 рабочих дней удалим его.